Can you be subpoenaed for an arbitration?

Anyone authorized by law to issue subpoenas may do so in arbitration. In addition, under many arbitration statutes, the arbitrator can issue subpoenas either at the request of a party or independently.

Are third party subpoenas discovery?

Third-party subpoenas often require a similar approach as discovery during litigation. Such subpoenas allow parties in civil litigation to obtain evidence, including documents and testimony, from individuals or organizations who are not part of the lawsuit—that is, from third parties.

Can a arbitration arbitrator issue a subpoena?

However, parties occasionally need information from non-parties to support their defenses or claims, which gives rise to the need to issue subpoenas. Florida’s Arbitration statute allows the arbitrator to issue subpoenas to non-party witnesses and to compel them to bring documents to the proceedings.

Can an arbitrator compel the production of documents?

A plain reading of the text of section 7 reveals that an arbitrator’s power to compel the production of documents is limited to production at an arbitration hearing.

Can a subpoena be made in District Court?

FAA § 7 requires that an enforcing petition must be made in the District Court for the district in which the summoning arbitrators, or a majority of them, are “sitting”. However, there is no statutory definition of “sitting” for these purposes.

Can a third party expand the discovery powers of an arbitrator?

A footnote in the opinion states that parties may expand the discovery powers of arbitrators by contract, but only “with respect to the parties bound by such agreements.” Since third parties are only rarely bound by arbitration agreements that they did not sign, that footnote will offer little comfort to most requesting parties.

Can an arbitrator issue a subpoena in arbitration?

A. Anyone authorized by law to issue subpoenas may do so in arbitration. In addition, under many arbitration statutes, the arbitrator can issue subpoenas either at the request of a party or independently. In either instance, the parties are responsible for preparation of the subpoena service and enforcement. Q.

Can a non-party witness be forced to produce documents in arbitration?

The Fourth Circuit has held that an arbitrator can force the production of documents from a non-party witness prior to the arbitration only under special circumstances, in a purported effort to aid efficiency, noting, however, that non-party witnesses only need to produce documents upon their appearance at the arbitration.

Can a third party be subpoenaed in a civil case?

The result is that third parties can be subpoenaed and then served virtually anywhere in the United States; they can be made to show up for depositions and produce documents, and they can be called to give evidence at trial. Third-party testimony is a core element of civil litigation. Not so in arbitration.